Criminal Procedure Code, 1973, Section 202 -- Postponement of issuance of process - Direction to police to investigate - Shows that Magistrate was not sure on the basis of material on record whether or not allegations made in the complaint are true or whether any offence is made out against accused - Order for seizure of vehicle without jurisdiction and thus, set aside...........
Civil Procedure Code, 1908, Order 9, Rule 9, Hindu Marriage Act, 1955, Section 9 -- Restoration of restoration application - Delay in filing application - Application dismissed as no condonation of delay application filed - Provision of O.9.R.9 CPC is a benevolent provision, which provides for a remedy to persons, who are prevented by sufficient cause from appearing in..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Divorced Muslim woman can seek maintenance u/s 125 Cr.P.C until she obtains reliefs u/s 3 of 1986 Act - An order passed u/s 125 Cr.P.C shall continue to remain in force until amount payable u/s 3 of 1986 Act is paid...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 147, 148, 149 -- Bail - Murder - High Court while granting bail to accused has not considered the case of cancelling bail of co-accused - Reasons which have weighed with this Court in cancelling bail which was granted to co-accused would equally apply to case of accused which also..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Order passed by Court framing charges against accused need not be detailed order, as S.228 Cr.P.C is tentative, meaning thereby if a strong suspicion exists in the mind of Court at the said stage, then same is sufficient for Court to proceed with framing of charge against accused...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 307, 332, 353 -- Framing of charges - Offence u/ss 307, 332, 353 IPC - Allegation that accused opened fire on police team when they attempted to stop accused and that accused subsequently also tried to run vehicle over police team - However, accused contended that there is no use of fire arm by..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Rejection of bail in non-bailable case at admission stage and cancellation of bail already granted have to be considered and dealt with on different basis - Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail has been sought only on the ground of adding a non-bailable offence - All the circumstances necessary to consider bail were available on record - Neither medical condition went aggravated nor any fresh evidence was taken on record - Bail once granted should not be cancelled in a..........
